Thursday, September 3, 2020
Showcasing - Assignment Example To choose the best spot to advertise its items apple should direct porterÃ¢â¬â¢s industry powers among China and Mexico. A great deal has been said about the opposition among Mexico and China as likely markets for electronic items. The two nations share little for all intents and purpose regarding society, social angles, and political front, however with regards to business, they have such a significant number of similitudes. Some numerous foundations have kept on confiding in the two monetary motors more than the remainder of the world markets due to their higher development rate. As far as by and large potential purchasing power, China has a superior possibility than Mexico because of its bigger populace than the later. The Chinese populace is in excess of multiple times that of Mexico, in this way making the nation a decent market goal. Notwithstanding, Bob and Luis (standard. 9-12) featured that the purchasing possible force in Mexico is bigger than that in China since MexicoÃ¢â¬â¢s GDP per capita is roughly multiple times higher than that of China remaining at $7,467 while that of china is $1,24 0. The danger of substitutes of gadgets and programming is significant for Apple Inc when advertising its items either in China or in Mexico. China has one weakness since it is a likely market for AppleÃ¢â¬â¢s substitute items and individuals in China would prefer to go for a comparable item performing comparative capacity at a lower cost than purchasing a costly one. This implies apple would be compelled to sell its items at lower costs China to conquer its competitorsÃ¢â¬â¢ items and thus low incomes as proposed by Baidu (13-14). In the mean time, Mexico would be an incredible market goal for AppleÃ¢â¬â¢s items since there are scarcely any players in the market and the accessibility of substitute items is low. Therefore, the likelihood of Apple gaining preferable returns in Mexico over in China is high and it is simpler to corner the
Saturday, August 22, 2020
Powerful in Shakespeare's Plays In the hour of William Shakespeare there was a solid confidence in the presence of the powerful. In this manner, the heavenly is a repeating viewpoint in a considerable lot of Mr. Shakespeare?s plays. In two such plays, Hamlet and Macbeth, the extraordinary is an essential piece of the structure of the plot. It gives an impetus to activity, an understanding into character, and expands the effect of many key scenes. The extraordinary appears to the crowd in many changed structures. In Hamlet there shows up maybe the most eminent of the heavenly structures, the phantom. Be that as it may, in Macbeth, not exclusively does an apparition show up be that as it may, a skimming knife, witches, and prophetic nebulous visions make appearances. The job of the powerful is significant in Hamlet what's more, Macbeth. A phantom, showing up as Hamlet?s father, makes a few appearances in the play. It initially appears to the guards, Marcellus and Bernardo, alongside Horatio close to the guardsmens' post. The apparition says nothing to them and is seen with dread and trepidation, ?It harrows me with dread and marvel?. It isn't until the presence of Hamlet that the apparition talks, and at exactly that point after Horatio has communicated his feelings of trepidation about Hamlet tailing it, ?What on the off chance that it entice you toward the flood, my ruler, or to the repulsive highest point of the precipice?. The discussion between the apparition and Hamlet fills in as a impetus for Hamlet?s later activities and gives understanding into Hamlet?s character. The data the apparition uncovers prompts Hamlet into activity against a circumstance he was at that point awkward with, and now considerably more so. Hamlet rushes to accept the apparition, ?The soul that I have seen might be a fiend... furthermore, maybe out of my shortcoming and my melancholy..abuses me to damn me?, and hence a part of Hamlet?s character is uncovered. Hamlet, having no doubt of the apparition after the creation by the players, experiences the apparition next in his mother?s room. In this scene the phantom shows up to ?whet? Hamlet?s ?nearly blunted reason?. Hamlet is currently persuaded of the phantom and he no longer harbors any doubt. He currently tunes in to it, ?Address her, Hamlet?. In Hamlet, the otherworldly is the directing power behind Hamlet. The apparition approach Hamlet to look for retribution for the King?s demise and Hamlet is therefore pushed to set vigorously a progression of occasions that finishes in Hamlet?s passing. The otherworldly happens multiple times over the span of Macbeth. It happens in all the appearances of the witches, in the appearance of Banquo?s phantom, in the nebulous visions with their forecasts, and ?noticeable all around drawn? blade that guides Macbeth towards his casualty. Of the extraordinary marvel clear in Macbeth the witches are maybe the most significant. The witches speak to Macbeth?s underhanded desire. They are the impetus which release Macbeth?s underhanded yearnings. Macbeth accepts the witches and wishes to know more about the future so after the meal he searches them out at their cavern. He needs to know the solutions to his inquiries whether or not the outcome be brutal and dangerous to nature. The witches guarantee to reply and at Macbeth?s decision they include further unnatural fixings to the cauldron and call up their lords. This is the place the prophetic ghosts show up. The primary spirit is Macbeth?s own head (later to be cut off by Macduff) affirming his apprehensions of Macduff. The subsequent phantom reveals to Macbeth that he can not be hurt by nobody conceived of lady. This information gives Macbeth a misguided feeling of security since he accepts that he can't be hurt, yet Macduff was not of lady conceived, his mom was dead and a cadaver when Macduff was conceived. This prompts Macbeth?s destruction. A kid with a crown on his head, the third specter, speaks to Malcolm, Duncan?s child. This specter likewise gives Macbeth a misguided feeling that all is well and good due to the Birnam Wood forecast. The presence of Banquo?s apparition gives understanding into Macbeth?s character. It shows the level that Macbeth?s mind has recessed to. At the point when he sees the apparition he responds with frightfulness and upsets the visitors. Macbeth asks why murder had occurred ordinarily in the past before it was forestalled by law - ?rule
Friday, August 21, 2020
The eventual fate of innovation is obscure until further notice. Many have discussed the topic. Innovation may be driving us to a universe of unadulterated bliss and a spot we as a whole fantasized about when we were youthful or is it driving us down an inappropriate street with no arrival where we lose ourselves all the while. The extraordinary force it has more than one can be really reflected by the manner in which they connect with others and how we depend on the PC for the appropriate responses. Be that as it may, can we genuinely state its stinging us as a general public? As we find better approaches to improve our reality on earth, it gradually makes a world settled where we can at long last learn and improve our intellectually. Innovation an extraordinary and incredible asset can rise mayhem inside a development however can likewise sums us up the more prominent species with miracles to add to the world we live in. We will compose a custom exposition test on The Future of Technology or then again any comparable point explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page Innovation is one extraordinary and incredible source. It has made numerous tasks or work simpler than any time in recent memory. One can just at a press of a catch, that task youve been accomplishing for an hour is chopped down to just twenty minutes. As innovation develops, individuals advance with it. For the better of ourselves or the devastation of singularity? In Brave New World by Aldous Huxley, written later on where one has no family however everybody is one. Their advancement of innovation has exhibited how far one can go to make another reality with no family or no singularity however just Ã¢â¬Å"pureÃ¢â¬ bliss. With innovation at their span, torment and other feeling people hate to feel is never felt with use of one single soma. They significantly urge individuals to utilize the medication so as to be cheerful and have no distress which is expressed and cited And if at any time, by some unfortunate possibility, anything undesirable ought to some way or another occur, why, thereÃ¢â¬â¢s consistently soma to give you an occasion from the realities. Also, thereÃ¢â¬â¢s consistently soma to quiet your indignation, to accommodate you to your foes, to make you understanding and patient. In the past you could just achieve these things by putting forth an incredible attempt and following quite a while of hard good preparing. Presently, you swallow a few half-gram tablets, and there you are. Anyone can be ethical at this point. You can convey at any rate a large portion of your profound quality about in a container. Christianity without tears? thatÃ¢â¬â¢s what soma is. (Huxley,ch17) This shows how far innovation can. To where feeling torment and misery is no longer felt however neither has it made an ideal world or oppressed world. ItÃ¢â¬â¢s being seen however various purposes of perspectives however out the book; one can't just characterize it paradise or hellfire yet for this situation aÃ¢ utopia or oppressed world. Notwithstanding innovation changing the manner in which we see things, it is likewise changing the manner in which we learn. Many accept that innovation isnt helping advance the group of people yet to come. As per a New York Times article, Internet and web search tools had a generally positive effect on understudy inquire about abilities. they need abilities that are not the same as Spit, spit, theres the answer(nytimes) which expresses that understudies do utilize innovation to look into for school and further their examination however they are regularly they expect that the appropriate responses will be there given with a royal flair. This makes a halfway point between incredible sources to help improve further research yet additionally made understudies to expect that all the appropriate responses are on the Internet. Nobody can clearly say that innovation has destroyed or made a quiet world however it has made a world that most likely can accomplish it is possible that; one being a universe of extraordinary accomplishments or outright thoughtless creatures searching for answers by a solitary snap of a catch. Anyway many would contend that innovation has made a world loaded with Ã¢â¬Å"cyborgsÃ¢â¬ . We live our lives as our human selves and auxiliary selves (our life on the web) with no genuine interface with the outside world yet in our PC space at home. In a video titled Ã¢â¬Å"We are for the most part Cyborgs nowÃ¢â¬ , the speaker states Ã¢â¬Å"Technology is developing us, as we become a screen-gazing, button-clicking new form of homosapiens. We presently depend on outside minds (mobile phones and PCs) to convey, recall, even live out optional lives. In any case, will these machines at last associate or overcome us? Ã¢â¬ (Case). She without a doubt expresses that the world has gotten loaded with PC talking people who not, at this point lead lives of our own. Innovation can most likely at last associate us to incredible commitments to the world and advance our brains with freshly discovered information making a world characterized by a perfect world however it can without a doubt overcome us and make mayhem inside the world and human communication. Innovation neither has made an ideal world or oppressed world state yet done marvels for overall correspondence and assets and at the equivalent weÃ¢â¬â¢re losing bits of our regular human senses all the while. Headway of man in the advanced world has made a world at elevated levels of addressing and searching for the appropriate response utilizing the innovation that has been made throughout the years. Be that as it may, innovation has likewise had its influence in the destruction of individuals and how we use it for our necessities in regular daily existence. Many reject the estimation of innovation as it demonstrated that a large number of us are strolling talking PCs and obviously robots constrained by our phones and PCs. Preceding our PDAs and PCs that has reduce our human senses however have likewise assumed liability of making a universe of new thoughts and a bit nearer to having all the responses to incomprehensible inquiries. Subsequently, innovation hasnÃ¢â¬â¢t made an oppressed world or a perfect world however has made both; a world that exhibits high comprehension of tackling issues yet additionally has made person of less headway and losing our selves to a PC screen.
Saturday, June 6, 2020
What is Contract Law? The law of contract is a set of rules governing the relationship, content and validity of an agreement between two or more persons (individuals, companies or other institution) regarding the sale of goods, provision of services or exchange of interests or ownership. While this is a wide definition it does not cover the full ambit of situations in which contract law will apply. The reason for this is due to the vast number of examples in which contracts can arise in everyday life. Contract law has been more formally defined as a promise or set of promises which the law will enforce. Another definition and a somewhat competing view, is that a contract is an agreement giving rise to obligations which are enforced or recognized by law. Either definition confirms the involvement of the law by way of enforcement, suggesting that should there be an infraction or breach of the terms of the agreement then the aggrieved party may seek recourse via the Courts. As is noted above, a contract can arise is a plethora of scenarios; from buying a loaf of bread in the corner shop, to the sale of a house. It is unsurprising therefore that certainty is needed before the Courts will intervene to enforce any agreement. The law of contract has confirmed the basic foundations of any contract, regardless of its complexity and substance, that it must contain to make the agreement enforceable in law. There must be an offer and this must be accepted to make an agreement. While thi s would in the first instance appear to be self explanatory, it is important to distinguish between what the law says amounts to a valid offer. An offer can be made orally, in writing or by way of conduct. Regardless as to the manner of the offer, it is the willingness or intention of the person making the offer (the offeree) which is of importance, and that is clearly subjective. If a person says that I want to sell this orange for ÃâÃ £1.00 but then mistakenly advertises it for 1p, and that offer is accepted, then a valid agreement will be upheld. Simply because there was a mistake in the offer, it does not invalidate the contract. There was an intention to sell on the part of the offeree. It is important to distinguish at this point however between an offer and an Ã ¢Ã¢â ¬Ã âinvitation to treatÃ ¢Ã¢â ¬Ã . Parties may enter into preliminary negotiations or pre-emptive talks before entering into a contract. The issues they cover will not necessarily form part of th e contract and are considered to be invitations to treat. A classic example of this is the produce on display at Supermarkets and on shelves. The price highlighted amounts to an invitation to treat only. The offer does not materialize until the goods are taken to the checkout and the price confirmed. At that point the customer can accept the goods and pay the total amount, thereby completing the transaction and formalizing the contract. A similar situation is evidenced in auction rooms, where the offer is made when bids are put forward by prospective purchasers and acceptance once the auctioneers hammer falls. Just as important in contract law as the offer, is the legality of the acceptance. This must be an unqualified expression of assent to the terms of an offer. An acknowledgement of an offer would not amount to acceptance, nor would a statement of intent. There must be a clear unequivocal communication of acceptance of the offer on the terms put forward by the offeree. Any at tempt to amend the terms of the offer would amount to a counter offer. This would then put the parties back to square one and the offer would be open for acceptance with the offeree becoming the offeror. The importance of contract law here may not be clear at first glance. Contract law not only governs what happens when the contract breaks down, but it also establishes what the terms of the contract are, in the event of a dispute. While the contract may be self explanatory in what the parties intend i.e. you pay ÃâÃ £50 and IÃ ¢Ã¢â ¬Ã¢â ¢ll give you this washing machine, there are of course terms as to the time of payment, delivery, condition of the goods etc that need to be established. The most important terms are of course the quality of the goods and the method of payment. Certain pieces of legislation will import terms into the contract without any acknowledgement or agreement between the parties that they will be so included. An example of this is the Sale of Goods Act 1979 which ensures that in sales to consumers by anyone in the course of a business, that the goods are of satisfactory quality, fit for their purpose and correspond to their description. Contract law protects the purchaser without his knowledge. The phrase usually displayed at checkouts regarding sales and offers, Ã ¢Ã¢â ¬Ã âThis will not affect your statutory rightsÃ ¢Ã¢â ¬Ã refers to such implied terms. The offer and acceptance are the visible conditions of the contract, but perhaps even more obvious is the requirement of consideration. This term refers to the exchange of money for goods or services, or something else of value traded between the parties. It is also perhaps the most complex and contentious of the requirements for a valid agreement. Without some form of consideration, the contract is nothing more than a promise, which is unenforceable under English Law. But it is not enough that the parties make this exchange of worth, it must be Ã ¢Ã¢â ¬Ã â valuedÃ ¢Ã¢â ¬Ã consideration as opposed to inadequate consideration. This concept of Ã ¢Ã¢â ¬Ã âvalued considerationÃ ¢Ã¢â ¬Ã refers to something that is capable of estimation in terms of economic or monetary value. Furthermore it is not enough that such consideration has taken place in the past, there must be contemporaneous value by way of exchange to create a formal agreement. These technicalities have led to a raft of case law upon the issue of what amounts to consideration, hence the importance of contract law to mediate any dispute. With the agreement between two or more people confirmed as an agreement, containing an offer and acceptance, and the exchange amount to money or something in moneyÃ ¢Ã¢â ¬Ã¢â ¢s worth, there must still be the requisite intention to create legal relations. While in a commercial transaction it would appear obvious that the parties to the contract intended to create legal relations, in a more relaxed and informal setting ther e may be a question over how serious the parties were being? This does not mean that individuals i.e. consumers are free to return goods on the basis that they were never aware of the intention to create such legalities. The Courts may draw an inference from conduct and common knowledge that shoppers are well aware of the binding nature of any agreement to purchase goods or services. What we are referring to is the scenario where one party mistakenly believes that there is no formal intention, and the other party has knowledge of that error but fails to inform them. The Court will apply an objective test to consider all the facts of each individual case. A case involving a pupil barrister who accepted an offer from a Barristers Chambers was held to be a binding contract between the trainee and the whole chambers, not just the pupil master. The absence of specific intention on the part of the rest of chambers was irrelevant. There was clearly intent from the conduct of the parties. More informal agreements between co-habitants living in a quasi-marital relationship can lead to dispute, particularly upon the break up of that relationship. Historically there was a question about whether a contract would form when the Ã ¢Ã¢â ¬Ã âstay at home motherÃ ¢Ã¢â ¬Ã would find herself without recourse via matrimonial legislation. The contract was said to relate to the offer to be maintained for life by the husband, which was accepted, and the consideration would be foregoing the right to earn a living and/or providing a home for the family. The only question was relating to the formal intention of creating legal relations, a hurdle that many women could not overcome. While alternative remedies in equity exist to remedy such a scenario, it is a useful illustration of how intention can negate what at first instance appears to be a valid contract. Of course, the most obvious way to ensure that any agreement shows the intention of the parties is just to write it down. A statement of Ã ¢Ã¢â ¬Ã âThis agreement is not entered into as a formal legal agreementÃ ¢Ã¢â ¬Ã would probably suffice. This basic overview of the law of contract demonstrates its importance and need to stay in touch with modern developments. The next section will deal more fully with this issue in terms of the scope of contract law in every day lives but it is fair to say that the need for this protection is fundamental. An unknowing party can enter into a contract without being fully aware of the implications. The development of legislation such as the Unfair Contract Terms Act 1977 and the various Consumer Credit Acts have all evolved from the basic principles of contract law and the principle of putting the parties on as equal a playing field as possible. Where is Contract Law used today? As was mentioned above on several occasions, contract law permeates our day-to-day lives, and often we are not aware of its presence. While legally qualified individuals may be aware every time a contract comes into existence and note phrases such as Ã ¢Ã¢â ¬Ã âthe customer uses this at their own riskÃ ¢Ã¢â ¬Ã with a wry smile, the majority of society lives in blissful ignorance of how deeply indebted to contract law they are. In the first instance it would be a useful exercise to list a few of the various instances of contract law coming into play when we may not expect it. Public Transport Ã ¢Ã¢â ¬Ã¢â¬Å" every ticket bought on a bus train or on the underground forms a contract. This is a contract of services and the majority of terms will be implied rather than express. If one was to state the whole list of terms on the back of a ticket as to the obligations of the provider of the transport to the customer, it would result in a piece of paper resembling an instruction sheet from Ikea rather than a ticket. It should be mentioned here that such express terms that form part of the contract must be present at the moment it was entered into. The terms of importance will usually be on display either around the point where a ticket is bought, or it will direct the customer to a full list of the conditions elsewhere. Employment Ã ¢Ã¢â ¬Ã¢â¬Å" every employee must have a contract of employment with their employer. While it is a fact that some employers have not bothered with the formality of drafting a document setting out the rights and expectations of both parties, the Employment Rights Act 1996 will infer a number of basic rights for the employee in any event. The offer and acceptance of taking a new job is a given, as is the consideration (days work for a days pay). The intention is not necessarily so obvious but the relationship the contract creates leaves no room for discussion as to its formality in a legal sense. Any purchase of goods or services Ã ¢Ã¢â ¬Ã¢â¬Å" while this is dealt with in more detail below, the sale of goods or services is the most basic form of contract. While we may not appreciate the scope of the law and its impact upon a basic purchase of e.g. a new car, the terms and conditions of sale, the various pieces of legislation importing terms and the case law stretching back more than 100 years on similar issues all have a bearing upon a customers (and suppliers) rights and obligations. It is of course rare for anyone to be made aware of all the terms in existence and the Ã ¢Ã¢â ¬Ã âsmall printÃ ¢Ã¢â ¬Ã usually covers most things of relevance. Buying a house Ã ¢Ã¢â ¬Ã¢â¬Å" most people who have become involved in the conveyancing process will recall the stress of waiting for the solicitor to confirm that they have Ã ¢Ã¢â ¬Ã âexchanged contractsÃ ¢Ã¢â ¬Ã . While the ownership of a property in England Wales can only pass by way of deed, the contract is pivotal. The contract will set out the terms of sale, including the price, items of furniture and fixtures that are being left behind and the date of completion. Once the purchase is completed and the monies paid, any issue that may be taken between the parties will have to be raised as a breach of contract. While in the majority of cases the axiom Ã ¢Ã¢â ¬Ã âCaveat EmptorÃ ¢Ã¢â ¬Ã (buyer beware) will apply, the specific terms of the contract must still be fulfilled and depending upon the severity of extent of the breach, this will dictate the appropriate remedy available. What can be seen above is that Contract Law is everywhere. From the purchase of a newspaper in the morning to the service of gas and other utilities, there exists a contract to govern most relationships outside the domestic scenario. It is understandable therefore that this area of law may be the most diverse in its impact upon everyday life, yet its principles remain comparatively straightforward. There are of course complex issues and certain types of contract (acquisitions and mergers, share holders agreements etc) require specific rules to govern their application, most contracts have a quality that allows them to operate without the knowledge of their existence. The most influential and commonly used contracts are those relating to the purchase of goods and services. The Sale of Goods Act 1979 and Supply of Goods and Services Act 1982 have developed from a background of Caveat Emptor, where consumers were unprotected from sellers able to peddle goods that were less than of merchantable quality. While the image of Ã ¢Ã¢â ¬Ã âDel BoyÃ ¢Ã¢â ¬Ã flogging various items out of a suitcase springs to mind, it was actually the larger and more commonly used suppliers of goods that took the brunt of this legislation. We mentioned terms as to quality and fitness above, and a multitude of cases have gone as far as the House of Lords to ensure the protection granted under a contract is enforced. We have contracts for the sale of goods when we do our weekly shopping, buy a new appliance or finally get that pair of shoes. Similarly contract for the supply of services exist over the cables service for the TV, the mobile phone company or the plumber who comes into fix the leak upstairs. However they are created, the contracts that we are party to are numerous and often we are not specifically aware of our obligations under them, save to pay what we have agreed to. While we have focused on consumers and individual contracts, that is not to say that there ar e any fewer contracts that exist between companies, corporations, charities or even governments. Most companies will have several contracts for the services it obtains from other companies i.e. cleaning, catering, accountancy etc. There will be contracts of employment with every member of staff, as well as contracts with each shareholder as to the money they have invested and the dividends received each period. They will in turn have contracts with the customers who retain their services, or even other companies by way of merger or shared services within a larger agreement. This is a non-exhaustive list but a good example of how contract law not only creates the basis for the relationship between individuals, companies etc, but also regulates their rights and obligations and ultimately provides a solution in the event of a dispute. The scope of this area of law clearly has no limit. Case examples Carlill v. Carbolic Smoke Ball Co (1893) 1 QB 256 (CA) This case involved the defendant company who produced and advertised smoke balls as a preventative measure against influenza and the common cold. The advertisement stated that they would give ÃâÃ £100 to anyone who used the product for three times a day for two weeks but still contracted one of these illnesses. The defendant also stated that they had placed ÃâÃ £1,000 in a bank account to demonstrate their sincerity. Suffice to say that the claimant took up the challenge and after roughly 8 weeks of continuous use she contracted the flu. Mrs. Carlill claimed the ÃâÃ £100 but the defendant refused to pay; they claimed that there was no contract in place for her to enforce the claim. This matter progressed to the Court of Appeal. The defendants maintained that there was no intention to create legal relations and the advert amounted to nothing more than an invitation to treat. At no stage did the claimant tell th em that she had accepted their offer. Nevertheless the Court of Appeal confirmed that there was in fact a contract in effect between the parties. This situation amounted to a Ã ¢Ã¢â ¬Ã âunilateral contractÃ ¢Ã¢â ¬Ã whereby one party offers money in exchange for the performance of a stipulated act. Whereas normally an advert would amount to nothing more than an invitation to treat, the request for the performance of an act made it an offer. There was no requirement for Mrs. Carlill to inform the defendant that she had accepted it, the undertaking of the challenge was tantamount to acceptance. There were arguments from the defendant that the wording of the advert was too vague for it to amount to a contract. There is always a requirement that the specifics of the offer are precise so as to avoid confusion. While there was some scope for interpretation, the Court adopted a literal meaning to the advert, which simply state that providing the claimant took the smoke balls c ontinuously and then contracted any of those illnesses she would receive ÃâÃ £100. The deposit of ÃâÃ £1,000 into an account was a demonstration of the defendants meaning and willingness to rely upon their product in light of this challenge. The Court had no hesitation is finding in these specific circumstances that there was a contract under which the claimant was due ÃâÃ £100. While this case demonstrates how the law of contract protects the party who in good conscience accepts the terms put forward by the offeror, it remains something of an anomaly. This situation would only be enforceable where the offeree was required to undertake a specific task, thereby removing the need for communicating acceptance and transferring an invitation to treat into a formal offer. There is also a lesson for the nave or careless when setting challenges and making proposals to others. A contract can arise even when the intention was to make an informal offer, but in the absence of a s pecific statement to that effect, the conduct of the offeror may infer the requisite legal intention. Coward v. Motor InsurersÃ ¢Ã¢â ¬Ã¢â ¢ Bureau (1963) 1 QB 259 (CA) In this matter Mr. Coward and Mr. Cole were work colleagues who had an arrangement regarding shared lifts to work. Cole would drive his motorbike and Coward would ride pillion in return for a weekly sum of money. Unfortunately both were killed in a road traffic accident and the wife of Mr. Coward made a claim for damages against the estate of Mr. Cole. However ColeÃ ¢Ã¢â ¬Ã¢â ¢s insurance policy did not cover pillion passengers and as his estate had no assets or money to satisfy the judgment, Mrs. Coward pursued the Motor Insurance Bureau (MIB). The MIB have an agreement whereby accidents and consequential claims would be satisfied by the Government in circumstances where the driver has no relevant policy of insurance. However the rules covering this situation require Mr. Coward was carried for Ã ¢ Ã¢â ¬Ã âhire or rewardÃ ¢Ã¢â ¬Ã . Consequently Mrs. Coward needed to prove that there was a contract in place between Coward and Cole for the lifts to work. There was clearly an offer of transport and this was accepted. In addition the consideration exchanged by the parties was the service of transport and the money paid by Mr. Coward. However there was a question over how formal this arrangement was so as to amount to an intention to create legal relations. Once again this matter progressed to the Court of Appeal and it was decided that notwithstanding the regular payment of money in return for the lift, it was not so formal as to create a contract. There were no terms as to how long this was to last, what would happen in default of payment or the availability of transport, or anything written down so as to at least make their intention clear. The practice of colleagues sharing a lift to work (or Ã ¢Ã¢â ¬Ã âcar poolingÃ ¢Ã¢â ¬Ã ) is an accepted and wide spr ead practice. Parties will usually agree that one will take their car and in return the others will make a contribution towards the petrol costs. This is usually a matter of convenience, reducing costs or even a conscious decision to reduce emissions from each separately taking a vehicle. It cannot be said however that the agreement is so formal as to form a contract for the provision of this service. The contrast is to a previous example, that of public transport. There are no tickets, conditions or terms of agreement and no business or profit making organization is involved. There can be no obligation upon people in this scenario to ensure that transport is always made available to the party that pays. What would happen when the owner of the vehicle went on holiday or there was a shift change? In these circumstances an element of common sense must come into play. Most people will make informal agreements ranging from car pooling to picking up children from school or even being the designated driver on a night out. None of these create a contract as the intention is one of informal assistance or a mutual benefit, not to create legal relations. Olley v. Marlborough Court Ltd (1949) 1 K.B. 532 Mr. Olley visited the hotel belonging to the defendant. He had not made an in advance booking and upon arrival requested a room for the night. He signed the register and there was no mention at that stage of any other terms or conditions that might impact upon his stay at the hotel. During the course of his stay Mr. Olley discovered that someone had broken into his room and stolen certain property including a fur coat. It subsequently became known that the defendant was negligent in relation to the security within the hotel. Nevertheless, the defendant sought to rely upon an exclusion clause that was placed in the bedroom the claimant stayed in. This stated that the hotel would not accept liability for lost or stolen items belonging to customers. The question was whether the exclusion clause that was displayed in the bedroom constituted a valid term of the contract. It was not disputed that there were all the required components to for the agreement i.e. offer, acceptance, consideration and intention, but that was not to say that all the terms the hotel sought to rely upon could actually be enforced against Mr. Olley. As we mentioned above, terms must be brought to the attention of the customer, consumer or party against whom they are trying to be enforced at the moment the contract was entered into. Otherwise it would allow parties free will to include other terms at a later stage, albeit if the customer had known of such a term they might have decided not to enter into it in the first place. The Court decided that the contract was entered into the moment Mr. Olley arrived at reception and signed the register. That was the point when the room was offered to him and he accepted. Intention was not an issue and in consideration of the agre ement, he would receive a room to stay for which the hotel would receive payment. The fact that payment would usually come after the stay was irrelevant. Consequently Mr. Olley was not given notice of this exclusion clause until he had already entered into the contract and therefore it was unenforceable against him. Similar examples of this issue of notice and timing of the terms of any contract can be seen where clothes are purchased and notices attempting to exclude liability are put on the receipt. The example of public transport above and the terms and condition relating to the travel must be stipulated at the relevant time. It should be pointed out here however that the actual notice of these terms need not be something that is brought to someoneÃ ¢Ã¢â ¬Ã¢â ¢s attention every time they enter into a contract. If there is a course of dealing or repeated business, and in a previous transaction a term was brought to the attention of the customer, then they could be held to have been made aware of it and it becomes a term of the contract. If Mr. Olley had stayed at the hotel on a number of previous occasions, it would have been difficult for him to argue that he had no knowledge of the exclusion term. In such circumstances it is arguable that he would have been deemed to have had knowledge and the hotel could have relied upon the term within the contract. Adams v. Lindsell (1818) 1 B. Ald. 681 This case concerns the acceptance of an offer and the importance of how that acceptance is communicated to the offeror. Here the defendant offered to sell the claimant fleeces of wool for a certain price. They requested that the response be made by post. This letter was misdirected by the defendant so that it was not received for 3 days after it was sent. The claimant decided to accept the offer and responded on the same day. This was posted on the 5th September but not received until the 9th September. However the defendant decided on the 8th September th at as they had not received a response decided to sell the wool to someone else. The claimant argued that a contract had been created as he had accepted their offer. The Court confirmed that the delays were entirely the fault of the offeror. Had the letter been posted correctly then this scenario would in all likelihood not have arisen. Furthermore the contract was created on the 5th September when the acceptance was posted, not when it was received. While the agreement was not communicated to the offeror, it could not prevent the contract being created. To decide otherwise would be to prevent contracts being created by post completely. It would otherwise require (in this scenario) the claimant to wait until the defendant had received the offer and then written to him saying that the terms were agreed and so on. This system of acceptance was thereafter referred to as the Ã ¢Ã¢â ¬Ã âpostal ruleÃ ¢Ã¢â ¬Ã . In contrast the offer itself can only be communicated to the of feree via the post once it has been received. Any pre-emptive negotiations or discussions are likely to amount to nothing more than an invitation to treat pending the formal offer. While there has naturally been some development in this area, the most obvious issues arise with the creation of the internet and on-line shopping. The majority of people with access to the internet have purchased something at one time or another. The question as to the formation of any contract here is when does that contract arise? While it is not important to examine the legislation and case law in that particular area (which is vast) what is crucial is how this example of a seemingly antiquated rule can be adopted into a new and totally unforeseeable system through the medium of contract law. While the rule itself remains applicable to postal orders via catalogues and other postal services, the evolution does not stop and wait for something completely new to take its place. The law of contract in t his area requires modification and adaptation to meet the demand of e-commerce and a society moving towards carrying out the majority of household and social affairs through the internet. Protection for the unwary or even experienced surfer of the web, when entering into contracts on-line is clearly an important function of modern contract law. Conclusion We have seen how contract law permeates every section of our lives. From employment, to conveyancing or even to social and recreational activities such as buying a drink in the pub, contracts are created all around us. While the majority are short lived and the terms fairly simple and unobtrusive, breaches of such agreements may still be enforced with all the force of the law as with the more serious forms of contract. The public perception of contracts is often misleading as many have not found it necessary to enforce such terms. As we live in a capitalist society with freedom of choice, the need to ensure quality often negates the need for a consumer to enforce their rights as to quality and fitness under a contract of sale. Standards are maintained by Government bodies and independent organizations i.e. BSI. The consumer rarely has the need to enforce breaches of contract, and even if they do, retailers are so aware of the rights of consumers that they will allow an exchange of goods without question. It is more often that not (certainly in the current financial climate) that the terms as to payment are enforced by suppliers and sellers in default of the agreement more frequently. Issues of credit are widespread at the moment and the contracts that regulate the borrowing of money against property (hire purchase) or simply under a general agreement (credit card) are being breached every day. This is the other side of the coin for contract law. There are terms and conditions for both parties. This is the essence of a legal contract, the exchange of consideration without which there is nothing more than an unenforceable promise. The law of contract needs to change with the developments in economics, technology and social attitudes. It is usually a matter for Parliament to intervene and legislate for new situations and introduce law that will govern particular relationships and the contract that arise between them. It is impossible however to legislate f or all potential eventualities as a situation may arise that was not foreseen, or the technology, issue or relationship that it was intended to regulate may have moved on. It is then for the Courts to interpret the law so as to find the solution to any dispute. This is how contract law was in 1818 with the case of Adams v. Lindsell and how it will probably remain for the foreseeable future. While the variety and scope of contracts continue to evolve and increase, the general principles that we have examined above remain applicable. It may be that in years to come there will be introduced a system that will create a standard form of agreement based upon the nature and relationship of the parties to it e.g. companies or businesses in the same market dealing between themselves but there will always be the isolated agreement, or informal shake of hands that ultimately creates a contract and the enforceable terms it grants to those party to it.
Sunday, May 17, 2020
West Virginia University is a public research university with an acceptance rate of 82%. Founded in 1867, WVU offers over 120 undergraduate majors and 480 student organizations. Students can apply via the WVU Application or the Common Application. Considering applying to WVU? Here are the admissions statistics you should know, including average SAT/ACT scores and GPAs of admitted students. Why West Virginia University? Location: Morgantown, West VirginiaCampus Features: WVU spans three campuses in the Morgantown area that are connected by the schools own Personal Rapid Transit system. The campus is home to attractive red brick buildings and a 91-acre arboretum.Student/Faculty Ratio: 20:1Athletics: The WVU Mountaineers compete in the NCAA Division I Big 12 ConferenceHighlights: West Virginia University represents excellent value for in-state students. For its strengths in the liberal arts and sciences, WVU earned a chapter of Phi Beta Kappa. Acceptance Rate During the 2017-18 admissions cycle, West Virginia University had an acceptance rate of 82%. This means that for every 100 students who applied, 82 were admitted, making WVUs admissions process less competitive. Admissions Statistics (2017-18) Number of Applicants 18,639 Percent Admitted 82% Percent Admitted Who Enrolled (Yield) 31% SAT Scores and Requirements West Virginia University requires that all applicants submit either SAT or ACT scores. During the 2017-18 admissions cycle, 57% of admitted students submitted SAT scores. SAT Range (Admitted Students) Section 25th Percentile 75th Percentile ERW 530 620 Math 520 620 ERW=Evidence-Based Reading and Writing This admissions data tells us that most of WVUs admitted students fall within the top 35% nationally on the SAT. For the evidence-based reading and writing section, 50% of students admitted to West Virginia University scored between 530 and 620, while 25% scored below 530 and 25% scored above 620. On the math section, 50% of admitted students scored between 520 and 620, while 25% scored below 520 and 25% scored above 620. Applicants with a composite SAT score of 1440 or higher will have particularly competitive chances at WVU. Requirements West Virginia University does not require the SAT writing section or SAT Subject tests. Note that WVU participates in the scorechoice program, which means that the admissions office will consider your highest score from each individual section across all SAT test dates. ACT Scores and Requirements WVU requires that all applicants submit either SAT or ACT scores. During the 2017-18 admissions cycle, 65% of admitted students submitted ACT scores. ACT Range (Admitted Students) Section 25th Percentile 75th Percentile English 20 26 Math 19 26 Composite 21 27 This admissions data tells us that most of WVUs admitted students fall within the top 42% nationally on the ACT. The middle 50% of students admitted to West Virginia University received a composite ACT score between 21and 27, while 25% scored above 27 and 25% scored below 21. Requirements WVU does not require the ACT writing section. Unlike many universities, West Virginia University superscores ACT results; your highest subscores from multiple ACT sittings will be considered. GPA In 2018, the average high school GPA of West Virginia Universitys incoming class was 3.53, and nearly three-quarters of admitted students had average GPAs above 3.25. These results suggest that most successful applicants to WVU have primarily A and B grades. Self-Reported GPA/SAT/ACT Graph West Virginia University Applicants Self-Reported GPA/SAT/ACT Graph. Data courtesy of CappexÃ The admissions data in the graph is self-reported by applicants to West Virginia University. GPAs are unweighted. Find out how you compare to accepted students, see the real-time graph, and calculate your chances of getting in with a free Cappex account. Admissions Chances West Virginia University, which accepts over three-quarters of applicants, has a slightly selective admissions process. If your SAT/ACT scores and GPA fall within the schools average ranges, you have a strong chance of being accepted. However, WVU is interested in more than test scores and GPAs. The university requires that applicants have a strong academic record which includes four units of English, three units of college preparatory math, four units of social studies and/or fine arts, three units of science, and two units of a single foreign language. Minimum admissions standards for West Virginia residents include a 2.0 high school GPA, and a composite ACT score of 19 or higher, or a combined ERW-M SAT score of 950 or above. The minimum admissions standards for non-residents include a high school GPA of 2.5 or higher, and an ACT of 21 or above, or a combined SAT ERW-M of 1060 or more. Note that many programs at West Virginia have higher admissions standards than the university as a whole. Business, Engineering, Medicine, Nursing, and others all have a higher bar than we find with general admission. In the graph above, the green and blue dots represent accepted students. As you can see, the majority of students who got in had a GPA of 2.5 or higher, an SAT score (ERWM) above 950, and an ACT composite score of 18Ã or higher. Your chances will be best if you have at least a solid B average, a combined SAT score above 1050, and an ACT composite score of 21 or higher. All admissions data has been sourced from the National Center for Education Statistics and West Virginia University Undergraduate Admissions Office.
Wednesday, May 6, 2020
Battle for Crete Introduction The battle of Crete occurred due to various causes and consequences including the enormous demand on the island by both the allies and the Axis. The battle began just after dawn on 20 May 1941. The air above was filled with parachutes as thousands of trained elite German Para troops began to drop from the skies. This was the beginning of the Battle for Crete. For 12 intense days the allies, New Zealanders, British, Australian and Greek troops, assisted by Cretan civilians, tried to fend off a huge airborne attack by the Axis. They were almost successful. Many New Zealanders made it off Crete, but thousands were left behind. The Cretans and the New Zealanders still remember this significant battle in New Zealand history. Causes of the Battle for Crete CreteÃ¢â¬â¢s strategic importance The most important cause of the battle of Crete was the importance of Crete along with king George of Greece and his entourage. The retreat from Greece involved retreating from the Germans and Italians who were pursuing the allies, the allies then retreated to the island of Crete which was defendable with the right amount of soldiers. The island of Crete needed to be defended from the axis just as much as the axis wanted the island. The island of Crete was wanted by the allies as the island contained two airfields which allowed the short ranged planes that were used during world war 2 to reach the Romanian oilfields and bomb them successfully. The largest refinery inShow MoreRelatedEssay on The Battle of Crete3659 Words Ã |Ã 15 Pages| The Battle of Crete: Important or Insignificant? | The Battle of Crete began May 20th, 1941. Nazi Germany launched an airborne attack called Operation Merkur or Operation Mercury on the island of Crete. This battle will be important because it will hold great influence over the course of the war in the means of power. 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Question: Discuss about the Strategic Information of Nippys. Answer: Introduction The company we will talking about is Nippys manufacturing, who are specialized in orange juices . It is founded in 1930, and still doing what it does best that is producing fresh juices for Australian people. They have very horizontal organization structure in which all the managers take the decision as per the situation and demand of their respective department. Operational Problems The company has been using two accounting software, which are both difficult to operate as well as costly to maintain. The systems are not able to get the desired reports, there were always calculation mismatch due to two accounting softwares. Literature Review System acquisition Method Indeed, even 10 years back, the request and utilization of cloud based bookkeeping programming was immaterial in Australia. Reliance on conventional method for bookkeeping was very high among business firms. Manual bookkeeping passages with the utilization of pen and paper was a typical situation in Australia amid the 80s. Be that as it may, presentation of a few bookkeeping programming along with Excel spreadsheets had changed the arrangement of bookkeeping capacity in the nation amid 90s decade. Nonetheless, Brender and Markov (2013) specified that the real constraint of predictable accounting programming is that the same can't be associated with the web in addition to that, it is subject to establishment on the computer framework. The cloud based programming is anything but difficult to utilize, web based and coordinated in nature. These have added to the developing prominence of bookkeeping programming bundles in the nation. In the perspective of Christauskas and Miseviciene ( 20 12 ) , this cloud based bookkeeping programming bundles has turned out to be more than a basic bookkeeping bundle to a business administration apparatus. The primary test confronted by the business undertakings amid the 2000's was absence of incorporation as the diverse components of bookkeeping capacities were not ready to interface with each other. There was absence of coordination among deals, buy and stock administration. Then again, with the expanded complexities in directions, even non - bookkeeping disciplines felt the need to develop past straightforward exceed expectations sheets. This prompted the production of particular modules such as tax evaluation, consistence capacity, secretarial competence as well as economics. Be that as it may, these capacities were required to be incorporated with the back office facility. This was for the most part because of the issues confronted by established bookkeepers in utilizing cloud based bookkeeping programming. Notwithstanding, circumstance have changed in Australia at give the interest for cloud based bookkeeping programming getting wide prominence among business firms in Australia. Control problems and system Systems The restrictions of the conventional bookkeeping framework are overwhelmed by the bookkeeping software packages accessible in the market. The Xero, Intuit Quickbooks, Reckon, Saasu, MYOB are some of the main names in such manner. Here, it is imperative to note that due to immense market rivalry, the components as well as administrations platform offered by the present bookkeeping programming are almost similar. In this context, Cleary and Quinn(2016)mentioned that automation as well as integration of bookkeeping capacities are the two important factors offered by accounting softwares. These two factors in addition increment the aggressive edge of the organizations over the rivals. The most prominent elements of bookkeeping programming bundles are simple invoicing, quick bank reconciliation, openness through portable based applications, speedier stock administration, smart reports as well as dashboards, incorporated finance, costs guaranteeing and online bill payment. In addition, the se bookkeeping programming likewise permit multi-cash exchanges, filling of GST returns, producing buy orders as well as deals orders, making business intelligence dashboards along with well settled resources bookkeeping. Here, it is essential to take note of that these accounting programming bundles are generally cloud based programming which further allows multiple access to bookkeeping data. Market request: The interest for any item is dictated by the clients of the product in the market as in this case is the bookkeeping softwares. In this specific situation, Marand et al. (2013) said that market interest for cloud based bookkeeping programming has been expanded quickly in Australia among various diverse organizations. The expanding interest for the cloud based bookkeeping programming can be credited to the mechanization offices offered by such programming. Then again, z demir and Elita? (2015) expressed that cloud based bookkeeping packages not required to be introduced on systems moreover they can be utilized from any type of gadget having web association. These elements of cloud based bookkeeping programming are likewise adding to the rising interest for the product in the market. There are expectation for organizations like Nippys to choose a product bundle in light of claim size of operations, business nature and keeping money prerequisites. Be that as it may, the prevalence of bo okkeeping programming bundles is by all accounts more if there should be an occurrence of little and medium scale associations contrasted with huge associations. Extensive scale associations like Coles, Woolworths and others like to perform bookkeeping capacities in the traditional route supported by cutting edge innovations. Problems possible in the system Price Execution of bookkeeping programming bundles is not all that simple. As specified by Pendley (2015) , notwithstanding the cost of bookkeeping programming a firm is required to have least norms of framework use as far as processor speed, RAM and hard drive memory. Production of back - up information and specialized help in relation to the utilization of the product likewise devours extra expenses. Besides, memberships or month to month rental for the vast majority of the product are principally in view of the inclusion of components along with number of clients permitted by the product. This further expands the price of accounting programming bundles. This frequently ends up noticeably trying for little scale firms to hold up under such cost of bookkeeping bundles. Trouble being used: The issue with this type of bookkeeping programming is that these are not in view of conformist framework as well as have possessed exactness. Staffs familiar with the customary bookkeeping strategies shall almost certainly tackle disputes in utilizing the product. This expects firms like Nippys to organize extra preparing office for the staffs to utilize the bookkeeping delicate product. Indeed, odds of submitting mistakes are very high amid the underlying period of the usage. Time Boundation At first, the preparing time for making solicitations as well as costs in the product would take additional time when contrasted with essentially recording the same in an exceed expectations sheet or a record. Be that as it may, the speed of bookkeeping runs up with the advance of time when the staffs progresses toward becoming habituated to the utilization of bookkeeping programming. In this unique situation, Marand et al. (2013) assumed that usage of bookkeeping programming shall prompt transitory stoppage of business operations. Cost streamlining: The cost related with the buying as well as utilization of software can be repaid by firms by concentrating on cost diminution as well as price management. It is fitting for business firms such as Nippys manufacturing to distinguish non - esteem including business exercises plus it shall take out the same to lessen asset wastage. Risk from cybercrimes: A notable issue related with the cloud based bookkeeping programming is that the same depends on web. This raises the peril of digital violations, which might lead to dire outcome. The ledger of the business is likewise connected to cloud based bookkeeping programming which enables the proprietor to access the account balance from anywhere. Be that as it may, this expands the odds of cybercrimes such as identity theft, phishing using Emails, malware and stealing of organization data . Privacy of business data may be in danger. Market Condition At present in Australia, there are two major software companies that are market leaders in bookkeeping or accounting softwares. The Xero and MYOB, these companies have advantage over other in terms of product development and reliability factors. These companies have been active in Australia from the past decade and they cover quite lot of ground. Xero have engaged individual accountants, SMEs and start ups for its refresh content and communication with its users. But the MYOB, with its unique blend of robustness have quickly gain popularity among the accountants and companies. With MYOB user friendly interface and dashboard reporting, the ground breaking competition started in the market. Both the companies are day by day improving the product for the various advantages to be given the users. Recommendations There ample products for Nippys but they have selected the vendor with the help of following procedure: In the end, MYOB have been considered, after long examination of the companies need to go away from two accounting systems. However, other systems are also very good but they have their own limitations. The accompanying proposals have been created for better usage of cloud based bookkeeping programming for Nippys manufacturing business purposes: Instructional meetings: This software is the perfect fit for the business to organize earlier instructional courses to make such staffs outfit with specialized aptitudes to utilize cloud based bookkeeping programming. Here, it is imperative to prepare staffs equally to sustain the particular input information into the software in addition utilize its various section of the product. Establishment Security layer in the bookkeeping or accounting software: It is prescribed for the businesses to purchase and actualize against cyber crimes or malware intrusion in their system. To lessen the danger of cybercrimes because of online nature of bookkeeping programming MYOD is the perfect fit for its encryption technique used. This could make the whole bookkeeping framework more secured as well as free from the danger of loss of privacy. Result This literature review has outlined the most notable advancement of bookkeeping programming bundles in Nippys manufacturing, one of the leading Food beverages company in Australia. It is discovered that the utilization of cloud based bookkeeping programming has for the most part expanded among the most prominent business endeavors in Australia. The review also uncovered that continuous stock administration, invoice management, account exchanges via web based interface as well as incorporation of finance are a portion of the main components of cloud based bookkeeping programming. Be that as it may, it is recommended for the all organizations to cloud based bookkeeping or accounting solution which has advance features of security as well as reliable costing methods. References Brender, N. and Markov, I., 2013. Risk perception and ri sk management in cloud computing: Results from a case study of Swiss companies. International journal of information management , 33 (5), pp.726 - 733. Christauskas, C. and Miseviciene, R., 2012. Cloud computing based accounting for small to medium sized business. Engineering Economics , 23 (1), pp.14 - 21. Cleary, P. and Quinn, M., 2016. Intellectual capital and business performance: An exploratory study of the impact of cloud - based accounting and finance infrastructure. Journal of Intellectual Capital , 17 (2) , pp.255 - 278. Marand, A.A., Marand, E.A. and Dashtebayaz, M.L., 2013. Investigating the effects of cloud computing on accounting and its comparison with traditional models. Advances in Environmental Biology , 7 (10 S1), pp.2836 - 2847. zdemir, S. and Elita?, C., 2015. The Risks of Cloud Computing in Accounting Field and the Solution Offers: The Case of Turkey. Pendley, J.A., 2015. Information Security and Cloud ? Based Computing: Tools for the Corporate Treasurer. Journal of Corporate Accounting Finance , 26 (3), pp.27 - 30.